Edr v WA

[2024] WASCA 61

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against sentence
3. › Parity principle
4. › Lack of sufficient disparity between co-offenders
5. › Whether lack of disparity gave rise to legitimate sense of grievance
6. › Impact of totality principle and cooperation with authorities on co-offender's sentence
7. › Misuse of Drugs Act 1981 (WA), s 6(1)(a), s 34(1)(a)
1. Criminal Law
2. › Sentencing
3. › Co-offenders
4. › Parity principle
5. › Where co-offenders committed common and separate offences
6. › Relevance of total effective sentence
7. › Relevance of cooperation with authorities discount

Quick Take

Where a co-offender has received a substantial discount for cooperation with authorities, a bare comparison of final sentences has very little utility for parity purposes; the analysis should consider notional starting points absent the cooperation discount.